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Publications
A claimant’s duties as a caretaker for a woman suffering from mild dementia come within the domestic service exception to the Workers’ Compensation Act; therefore, claimant’s injuries are not compensable.
The claimant suffered injuries while taking care of her employer, a woman suffering from mild dementia.
Case Law Alerts, 3rd Quarter, July 2019
Because the claimant’s employment was exclusively in Delaware at the time of the work injury, the dismissal of his claim for lack of jurisdiction under § 305.2 (a)(1) of the Act was proper.
The claimant worked as a union carpenter for the employer, who had a permanent job site located within an oil refinery in the state of Delaware. While working at the employer’s Delaware facility, the claimant was injured.
Case Law Alerts, 3rd Quarter, July 2019
Proving entitlement to benefits for cancer and meeting reporting requirements of § 301(f).
In reviewing the evidence, the workers’ compensation judge found that: (1) the claimant established being engaged in firefighting activities for more than four years; (2) prior to his cancer diagnosis, he did not show any signs of cancer; (3
Case Law Alerts, 3rd Quarter, July 2019
Challenging the Medical Fee Review Section’s fee determination that medical service not rendered by “provider” within meaning of the Act.
The employer had denied payment of compound pain creams that were dispensed to the claimant by Armour Pharmacy. The pharmacy then filed three fee reviews.
Case Law Alerts, 3rd Quarter, July 2019
Amendments to the Florida Evidence Code
By Joey M. Chindamo
Caution: Major Changes in Construction Defect Litigation Ahead!
By Elizabeth B. Ferguson
A pole used to strike a piñata is not an artificial dangerous condition sufficient to warrant the model charge.
The Superior Court rejected the plaintiff’s argument, holding that a metal pole used to strike a piñata is not a dangerous condition on the property.
Case Law Alerts, 2nd Quarter, April 2019
Motion to compel an arbitration clause in a minor’s release cannot be denied without finding of fact.
The Superior Court found that the trial judge failed to make the required finding of fact in support of his denial of the defendant’s motion to compel arbitration. The denial of defendant’s motion was vacated.
Case Law Alerts, 2nd Quarter, April 2019
Tort Claims Act prevents suit for slip on a tarp under an inflatable water slide.
Although there were disputes of fact, non were material to prevent the lower court from granting summary judgment to the defendants.
Case Law Alerts, 2nd Quarter, April 2019
New York’s Second Department changes 100 years of personal jurisdiction case law.
This case involved claims against Ford and Goodyear arising out of an allegedly defective Ford Explorer and Goodyear tire that malfunctioned, causing the death of several of the vehicle’s occupants.
Case Law Alerts, 2nd Quarter, April 2019